Police said a suspect in an officer-involved shooting in downtown Orlando was reaching for his waistband when an officer fired his gun nine times early Tuesday morning, injuring the suspect and killing a bystander inside Vixen Bar.

Police said Kody Roach, 23, was reaching for his waistband when an officer fired his gun nine times last week, hitting Roach at least five times and killing a bystander inside Vixen Bar.

According to police, the State Attorney's Office advised that the crime did not warrant the original charge of first-degree murder "since Roach was not directly responsible for the victim's death."

Police also removed the charge of attempted armed burglary and added a charge of resisting arrest without violence.

Investigators said the confrontation began when police responded to calls about a man who had been kicked out of the bar and was waving a gun around outside.

Police said two callers told the 911 dispatcher that the suspect had fired shots in the club, which turned out to be false.

Dispatchers relayed the information to bicycle officers who were on scene in just over two minutes from the first 911 call.

Officers gave loud verbal commands, which Roach did not comply with, police said.

One officer tried to use a Taser, but it didn't work because of Roach's loose clothing, and that's when police said Roach reached for his waistband and was shot by Officer Eduardo Sanguino at least five times.

After the shooting, bar patrons emerged from Vixen Bar and told police that a woman had collapsed after being shot in the right shoulder inside the club.

One of the nine bullets fired by Sanguino hit Maria Godinez Castillo, 22. She was killed by the bullet. Sanguino was placed on paid administrative leave during the investigation.

Roach was armed with a stolen .40-caliber Ruger handgun, but the gun was not loaded, police said. He was taken to Orlando Regional Medical Center where he was in stable condition.

When he was interviewed by investigators at the hospital, Roach said he planned to use a "martial arts technique" on them to prevent his arrest.

He said he planned to use a hip toss on Sanguino and a leg sweep on another officer, police said.

When asked what he would do if that didn't work, he said he'd defend himself with his firearm and shoot "all of them," police said.

"There is no doubt whichever attorney represents him is going to have a psychological evaluation, and I would not be surprised if we either see an insanity defense coming forward or incompetency argument by his defense attorneys," said WESH 2 legal analyst Richard Hornsby.

Roach was also charged with carrying a concealed firearm and armed trespassing in an occupied structure. He is the prime suspect in the theft of the gun he was carrying.

HE SAYS IT IS EXTREMELY IMPORTANT. DAVE MCDANIEL, WESH 2 NEWS. THE MAN AT THE CENTER OF A DEADLY SHOOTING IN A DOWNTOWN ORLANDO BAR LAST MONTH TOLD POLICE HE PLANNED TO TAKE OUT OFFICERS. THAT'S ACCORDING TO NEW COURT DOCUMENTS. OFFICERS SHOT KODY ROACH LAST MONTH OUTSIDE VIXEN BAR AND AN INNOCENT BYSTANDER WAS KILLED BY THE GUN FIRE. MICHELLE MEREDITH IS LIVE. IN ESSENCE WE'RE HEARING FROM KODY ROACH FOR THE FIRST TIME. INVESTIGATORS PAID HIM A VISIT AT THE HOSPITAL LAST THURSDAY AND RECORDED WHAT HE HAD TO SAY. THE COURT DOCUMENTS OFFER OUR FIRST GLIMPSE INTO THE MIND OF KODY ROACH IN THE EARLY MORNING HOURS OF AUGUST 19TH WHEN HE WAS SHOT BY AN ORLANDO POLICE OFFICER. INTERVIEWED BY INVESTIGATORS IN THE HOSPITAL JUST LAST WEEK, ROACH SAID, AS THE TWO OFFICERS APPROACHED HIM OUTSIDE THE VIXEN BAR ROACH TOLD INVESTIGATORS HE PLANNED TO USE A MARTIAL ARTS TECHNIQUE ON THEM TO PREVENT HIS ARREST. WHAT KIND? A HIP TOSS ON OFFICER SANGUINO AND A LEG SWEEP ON OFFICER ANGEL. WHEN ASKED WHAT HE WOULD DO IF THAT DIDN'T WORK, ROACH SAID HE WOULD DEFEND HIMSELF WITH HIS FIREARM. A FIREARM OFFICERS LATER LEARNED WAS UNLOADED. AS TO WHICH OFFICER HE WOULD SHOOT FIRST ROACH ALLEGEDLY REPLIED... ALL OF THEM. WHAT I SEE HERE IS A PERSON THAT'S CLEARLY MENTALLY ILL. WE ASKED CRIMINAL DEFENSE ATTORNEY RICHARD HORNSBY IF THIS IS THE KIND OF TALK TO GETS PEOPLE CONVICTED. HORNSBY SAYS IT IS THE KIND OF TALK TO GETS THE INSANITY PLEA. THERE'S NO DOUBT WHATEVER ATTORNEY REPRESENTS HIM IS GOING TO HAVE A PSYCHOLOGICAL INVESTIGATION DONE. I WOULD NOT BE SURPRISED IF WE SEE AN INSANITY DEFENSE OR INCOMPETENCY ARGUED BY HIS DEFENSE ATTORNEYS. BIZARRE TRAGEDY STARTED WHEN POLICE GOT 911 CALLS ABOUT A GUN WIELDING MANIAC WHO HAD BEEN KICKED OUT OF THE VIXEN BAR. POLICE FOUND KODY ROACH OUTSIDE BY THE FRONT DOOR. WHEN IT LOOKED LIKE ROACH WAS REACHING FOR HIS GUN, ONE OFFICER FIRED NINE TIMES HITTING ROACH AND ACCIDENTALLY KILLING 22-YEAR-OLD MARIA GO DEAN EZ WHO WAS -- GODINEZ WHO WAS INSIDE THE BAR. ROACH WAS ORIGINALLY CHARGED WITH FIRST DEGREE FELONY MURDER. BUT ACCORDING TO NEW COURT DOCUMENTS, THE CHARGE HAS BEEN DOWN GRADED TO SECOND DEGREE BECAUSE ROACH WAS NOT DIRECTLY RESPONSIBLE FOR THE VICTIM'S DEATH. HORNSBY SAYS IF FOUND GUILTY ROACH NO LONGER QUALIFIES FOR THE DEATH PENALTY.